The intent of conditional use approval is to allow the proper
integration into the community of uses which may be suitable only
under certain conditions and at appropriate locations. Because of
their special characteristics, or the special characteristics of the
area in which they are to be located, conditional uses require specific
considerations so that they may be properly located with respect to
the objectives of this chapter and their effect on surrounding properties.
All conditional uses, expansions of conditional uses, and changes of conditional uses shall require a zoning permit in accord with this Article
IX, Article
X and Article
XV. The applicant shall be responsible to provide all the information required by the Township to determine compliance with the requirements of this chapter.
A. Authorization. Section 603(c)(2) of the Pennsylvania Municipalities
Planning Code authorizes the governing body of a municipality to grant
or deny applications for conditional uses upon recommendations from
the planning agency. Prior to issuing a zoning permit for the construction,
expansion, or change in use of any conditional use, a site plan and
supporting documentation shall be submitted to the Planning Commission
who shall evaluate the application and make a recommendation to the
Township Supervisors prior to their final action.
B. Expansions. A proposed expansion of any legally existing conditional
use shall also require conditional use approval if the expansion involves:
(1)
An increase of 50% or more of the impervious lot area devoted
to the use, as measured cumulatively from the effective date of this
provision. Upon approval of an expansion exceeding the 50% threshold,
the calculation of the next 50% threshold shall be cumulative from
the date of the most recent conditional use approval and shall be
based upon the impervious surface area subsequent to the approval;
or
(2)
Any expansion involving the construction of, or addition to,
any building where the new construction or addition exceeds:
(a)
Twenty thousand square feet total floor area on any story in
the A/R and R-1 Districts.
(b)
Ten thousand square feet total floor area on any story in the
I District.
C. Changes. A proposed change in any legally existing conditional use
shall also require conditional use approval unless the proposed use
is a use permitted by right.
The conditional uses listed in Article
IV of this chapter may be permitted upon review by the Planning Commission and approval by the Township Supervisors in accordance with the standards and procedures set forth in this chapter. Conditional uses may also be enlarged or otherwise altered by such authorization. In permitting a conditional use or the modification of a conditional use, the Planning Commission may recommend (in addition to those standards and requirements expressly specified by the chapter) the imposition of additional conditions deemed necessary to protect the interests of the surrounding property, the neighborhood, or the Township as a whole. These conditions may include, but are not limited to, limiting the height of buildings, traffic control, increasing street width, fencing, size and location of signs, and other measures which mitigate any potential adverse impact that use may have on adjoining uses.
A landowner(s) or his agent(s) may initiate a request for a conditional use by filing an application with the Zoning Officer. Such application shall be accompanied by a site plan in conformance with Article
X. An application fee set by the Township Supervisors, no part of which is returnable, shall also be required upon submission of the application.
A conditional use shall comply with the procedures and standards set forth in Articles
X and
XI except as these standards have been modified in the site plan review process or as otherwise modified when consideration is given to the following:
A. The submission of a site plan documentation in accordance with Article
X is required before any consideration can be given for a conditional use.
B. In order to recommend approval of any conditional use, the Planning
Commission shall find that the proposed use (and maintenance and operation
of said use) at the proposed location shall not result in a substantial
or undue adverse effect on adjacent property, the character of the
neighborhood, traffic conditions, parking, public improvements, public
sites or rights-of-way, adjacent property values, or other matters
affecting the public health, safety, and general welfare, whether
as they now exist or as they may in the future be developed as a result
of the implementation of this chapter, or any other plan, program,
map or ordinance of the Township or other government agency having
jurisdiction to guide growth and development.
C. In order to recommend approval of any conditional use, the Planning
Commission shall find that the proposed use shall not impose an undue
burden on any of the improvements, facilities, utilities, and services
of the Township, whether such services are provided by the Township
or some other entity. The applicant shall be wholly responsible for
providing any such site improvements, facilities, utilities, or services
as may be required to adequately serve the proposed use when the same
are not available or are inadequate to serve the proposed use in the
proposed location. As part of the application and as a condition of
approval, the applicant shall be responsible for establishing the
ability and binding commitment to provide such improvements, facilities,
utilities, and services in sufficient time and in a manner consistent
with this and other ordinances of the Township.
D. The applicant shall have the burden of proving to the Township that
his application meets the objectives of this section, and all applicable
requirements of this chapter, by a preponderance of the evidence.
E. A conditional use approval shall become void one year after approval
or after such time as may be specified as a condition of approval,
if no construction or use activity has begun. The conditional use
permit shall be void if the original use shall cease for more than
one year for any reason.
F. The Township Supervisors, upon recommendation of the Planning Commission, may revoke any approval of a conditional use for noncompliance with conditions set forth in the approval of such use after first holding a public hearing and giving notice of such hearing as defined in Article
II. It shall be unlawful and punishable hereunder for any person to violate any condition imposed for an approved conditional use.